8.2 Text Amendment Temporary Use RegulationsCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
4/25/2016 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 8 BY: n kX,
Development Services FINAL APPROVAL:
ITEM2 Planning
NO: % r,0 1 ir if
Page 1 BY: Dean Andrew BY:
ITEM: Ordinance No. 16-10831
Application #Z16-2, filed by Phyll Klima, requesting an amendment of Section 42-59(8)c of the
Temporary Use regulations in the Salina Zoning Ordinance, to expand the areas within the community
where farmers markets may locate and operate to include churches located in any zoning district.
BACKGROUND:
The City's Temporary Use/Temporary Use Permit ordinance was adopted in 1989. It established an
application process and authorized the Zoning Administrator to administratively issue Temporary Use
Permits for certain types of transient retail uses and special events. Over the years, staff found that
outdoor flea markets and farmer's markets sometimes had spillover effects on neighboring properties
in terms of parking, trespassing and leftover trash. Staff would receive complaints about how such
markets were operating after a permit had been issued.
In May of 2003 staff discussed a concept with the Planning Commission that would substitute a public
notice and hearing process for flea markets and other open air markets, such as farmer's markets for
the current administrative staff review and approval. Staff believed such a process would improve the
pre -planning of these types of weekly events by allowing neighboring property owners to have input
into the location and operation of an outdoor sales event prior to the start of the event instead of
reacting to the impacts that such open air markets may have on their business or property. For
example, a flea market that set up weekly at Maggie Mae's at Broadway and South Street had
spillover effects on the properties to the north, east and south. A notice and hearing process would
allow those property owners to comment on and ask questions about the operation of the flea market
up front and allow the Planning Commission to establish conditions of approval.
The Planning Commission authorized staff to initiate a possible text amendment to address these
impacts. Most of these markets are seasonal and a new Temporary Use Permit is applied for and
issued each calendar year. Under staffs proposal a Special Use Permit would be required to initially
establish an open air market in a particular location but it could be renewed administratively each
calendar year as long as it was in compliance with the original conditions of approval. The proposed
amendment also allowed for a permit to be revoked for cause.
The Planning Commission conducted a public hearing on this proposed text amendment on .lune 3,
2003. A draft of the proposed ordinance changes was sent to current flea market operators, but no
one appeared and spoke at the hearing. At the conclusion of the public hearing, the Planning
Commission voted 8-0 to recommend approval of the proposed changes to the Temporary Use
regulations as drafted. The City Commission approved the ordinance amending the Temporary Use
regulations on July 7, 2003 with the intent that it go into effect when open air markets applied for or
attempted to renew their permits for calendar year 2004 forward.
This ordinance has been in force since that time and a number of flea markets, open air markets and
farmer's market locations have been reviewed and approved by the Planning Commission over the
past 12 years. Some examples of open air markets approved by the Planning Commission include
AGENDA SECTION
NO:
ITEM
NO:
Page 2
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
ORIGINATING DEPARTMENT
Development Services
Planning
BY: Dean Andrew
DATE TIME
4/25/2016 4:00 P.M.
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
Stutzman's Greenhouse at 1705 South 9th Street (zoned C-3) and Kaw Valley Greenhouse at 1808
South 9th Street (zoned C-3).
Staffs records indicate that the following farmer's market locations have been reviewed and approved
by the Planning Commission:
2004
Salina Farmer's Market
2004
Wednesday Farmer's Market
2007
Wednesday Farmer's Market
2008
Salina Farmer's Market
2015
Friday Farmer's Market
2015
Wednesday Farmer's Market
NE comer of 7th & Iron Zoned C-4
339 N. 9th Street
Zoned 1-2
1500 S. 9th Street
Zoned C-5
Water's True Value
Zoned PC -3
339 N. 9th
Zoned 1-2
Masonic Center
Zoned C-3
As the Commission can see, all of these farmer's markets were located on commercial or industrial
zoned property and are located on arterial streets.
Nature of Current Request
In February of this year, Planning staff was contacted by the operators of the Wednesday Farmer's
Market that was located in the Masonic Center parking lot last year. They indicated that they wished
to relocate their farmer's market to the parking lot of Grand Avenue United Methodist Church at 304
West Grand Avenue. Staff confirmed that Grand Avenue Methodist Church is zoned R-2 and is not an
eligible location for an open air market or farmer's market under the current temporary use
regulations which limit farmer's markets to locations zoned C-3, C-4, C-5, C-6, C-7 or industrial. The
operators of the Wednesday Farmer's Market then filed this text amendment application requesting to
amend Section 42-59(8)c to allow farmer's markets to locate and operate in church parking lots
located in any zoning district.
Staff Comments 1 Analysis
This text amendment application presents a legislative policy decision as to whether the eligible
locations for outdoor farmer's markets should be expanded to include church parking lots, most of
which are located in residential zoning districts and neighborhoods. In 2003, the Planning and City
Commissions decided that open air markets and farmer's markets should only be allowed in
commercially zoned areas and only after advanced notice to neighboring property owners and a
public hearing is held by the Planning Commission. If approved, the effect of this text amendment
would be to allow a market operator to apply for a Special Use Permit to allow a farmer's market to
set up in a church parking lot whereas today that option is not available. Individual applications would
still be reviewed on a case-by-case, location by location basis.
From staffs perspective, the potential benefits of allowing farmer's markets to set up in church
parking lots is that many churches have large, open parking areas that are largely unused except for
Sunday morning, so lack of space or crowding should not be an issue. Approval of this request could
AGENDA SECTION
NO:
ITEM
NO:
Page 3
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
4/25/2016 4:00 P.M.
ORIGINATING DEPARTMENT
Development Services
Planning
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
allow for "neighborhood" farmer's markets. The potential downside is the introduction of commercial
activity into residential neighborhoods and increased traffic on residential streets.
Planning Commission Recommendation
The Planning Commission conducted a public hearing and reviewed this proposed zoning rtext
amendment at their April 5, 2016 meeting. Following presentation of the staff report, comments from
the applicant, Phyll Klima, and comments and questions from Commission members, the Planning
Commission voted 8-1 to recommend that the temporary use permit regulations be amended to allow
farmer's markets to be set up in church parking lots in addition to commercial locations based on the
following findings:
1. The proposed amendment is consistent with the intent and purpose of the Zoning Ordinance;
and
2. The proposed amendment will not adversely affect the orderly development of the City of
Salina; and
3. The proposed amendment will not be detrimental to, or endanger the public health, safety or
general welfare of the City of Salina.
COMMISSION ACTION:
Staff has identified four (4) alternatives for the City Commission's consideration:
The City Commission could approve the proposed amendments and additions to Section 42-
59(8)c as drafted. This would mean approving Ordinance No. 16-10831 on first reading as
presented. Under this alternative a Special Use Permit with surrounding property owner
notification and a public hearing would be required prior to establishing a farmer's market in a
church parking lot. Under this scenario the Planning Commission would serve as the filter
determining which church locations are appropriate locations for farmer's markets and which
are not.
2. The City Commission could approve the proposed amendments and additions with any
additions, deletions and/or modifications to the text that the Commission deems appropriate.
3. The City Commission could send this item back to the Planning Commission to work with staff
on major changes to the proposed amendment.
4. The City Commission could maintain the status quo and recommend that the proposed
language not be added to Section 42-59(8)c. In this case, a motion should be made to deny
the proposed amendment.
AGENDA SECTION
NO:
ITEM
NO:
Page 4
Staff Recommendation
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
4/25/2016 4:00 P.M.
ORIGINATING DEPARTMENT:
Development Services
Planning
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
WA
The case boils down to a question of whether farmer's markets should be allowed in neighborhoods
outside of commercially zoned areas.
Staff would recommend that the City Commission take whatever action it deems to be in the best
interest of the public and residential neighborhoods.
Enclosures: Application
Excerpt of 4115116 PC Minutes
Ordinance No. 16-10831
Application #Z16-2
Proposed Text Amendment
Addition of church parking lots to permitted locations for a farmer's market.
Sec. 42-59. Temporary Uses.
(8) Open air markets. A special use permit may be issued by the Planning Commission for the
operation of open air markets, including outdoor flea markets, farmer's markets or roadside
produce stands after the Commission has held a public hearing in accordance with the
procedures established in Section 42-24 of the Salina Code, subject to the following
provisions:
b. A farmer's market may locate and operate in a C-3 or higher zoning district
the parking lot of a church located in any zoning district and is defined as any
place, with or without permanent buildings or structures, where fruit, vegetables,
produce, handmade crafts, etc., are sold from more than one (1) produce stand
operated by different persons. The permit shall be valid for a calendar year and may
be renewed administratively on an annual basis by the Zoning Administrator
following initial approval by the Planning Commission.
Planning &
Community
Develo=ent
Publication Date
March 15, 2016
Application No.
Z16-2
Hearin Date
April 5, 2016
Date Filed
March 9, 2016
Filing Fee
Receipt No.
APPLICATION FOR AMENDMENT TO THE ZONING TEXT
SALINA CITY PLANNING COMMISSION
The undersigned, being residents of the City of Salina, Kansas, do hereby apply to the Salina City Planning Commission for:
ment of Article IV General Use Regulations, Section 42-59(8)c. of the Temporary Use regulations in the Salina
Ordinance, to expand the areas within the community where farmer's markets may locate to include churches
i in any zoning district.
Applicant's Name (print) Phyll Klima, Kitchen 4 Hire, LLC
3-9-16
Applicant(s) Signature Date
Attach additional signature sheets if necessary. Be sure to include name, address, phone and signature of each applicant on the
additional sheets.
If the applicant is to be represented by legal counsel or an authorized agent, please complete the following in order that
correspondence and communications pertaining to this application may be forwarded to the authorized individual.
Name of representative �.
Mailing Address, City, State, Zip
Telephone (Business) and E -Mail
PE_F - 053, Application Zoning Text Amendment, Rev. 6-2008
April 5, 2016
Page 17
be attracted to it for a day care rather than for a home.
Mr. Herrs referenced page 5 of the staff report and stated the Planning Commission has
the discretion to make any Conditional Use Permit non -transferable.
Mr. Andrew agreed and stated if it does not run without the land, when the current
occupant ceases to use the Conditional Use Permit, the permit ceases as well.
Chairman Freiburger asked the applicant if she would be agreeable to a condition that
the permit be non -transferable.
Ms. Fitz replied yes.
Chairman Freiburger asked if there were questions or comments from the public in
attendance; there being none, he closed the public hearing and brought this item back
to the Commission for further discussion.
MOTION: Commissioner Kennedy made a motion to recommend approval of
Application #CU16-3 as presented, subject to the findings and
condition recommended by staff and limited to the current owner -
occupant (non -transferable).
SECOND: Commissioner Jackson
VOTE: Motion carried 9-0
(3.4) Application #Z16-2, filed by Phyll Klima, requesting an amendment of Section 42-
59(8)c. of the Temporary Use regulations in the Salina Zoning Ordinance, to expand the
areas within the community where farmers markets may locate and operate to include
churches located in any zoning district.
Mr. Andrew presented the staff report with visual graphics which are contained in the
case file.
Commissioner Jackson asked if this application is for a specific individual in a specific
location.
Mr. Andrew replied approval of the proposed text amendment would give the applicant
the ability to apply for a Special Use Permit in a specific location. The Planning
Commission would continue to evaluate each application on a case by case and
location by location basis.
Commissioner Goode asked if there are any other zoning areas we should consider
changing at this time.
Mr. Andrew replied we don't want to get in the business of rezoning churches. Having
farmer's markets at a neighborhood scale may be the wave of the future but this
April 5, 2016
Page 18
application opens the door for farmer's markets at churches in any zoning district.
Chairman Freiburger asked the applicant to address the Commission.
Phyll Klima, Kitchen 4 Hire, LLC, stated we have carefully considered where we wanted
to have our farmer's market when we found out we could no longer have it at the
Masonic Center. She stated Grand Avenue Methodist Church provides Prairie Land
Food and has a community garden and we should all consider health and equity in that
part of the community and food is an important part of it. She stated we are adding EBT
(Electronic Benefit Transfer) and SNAP (Supplemental Nutrition Assistance Program) to
every farmer's market in Salina this year.
Mr. Andrew reminded Commissioners that a particular location is not tied to this
application; the Commission is simply considering whether farmer's markets should be
allowed to locate and operate at churches in all zoning districts.
Chairman Freiburger asked if there were questions or comments from the public in
attendance; there being none, he closed the public hearing and brought this item back
to the Commission for further discussion.
MOTION: Commissioner Cusick made a motion to recommend approval of
Text Amendment Application #Z16-2 as presented by staff.
SECOND: Commissioner Norlin
VOTE: Motion carried 8-1 (Baxa opposed)
(3.5) Application #SR16-3, filed by the Salina City Commission, requesting a comprehensive
review and amendment of Section 36-74 and 36-74.1 of the Salina Subdivision
Regulations and Planning Commission Policies Number 88-1 and 04-1 to address
frontage requirements, access requirements, improvement standards and a fair share
funding mechanism for perimeter streets abutting new subdivisions.
Mr. Andrew stated this is not an action item and we are not looking for a
recommendation at tonight's meeting. The Planning Commission's assignment is to
read and understand the definitions provided on pages 4-5 of the staff report and staff
would recommend the same to Mr. Piercy and Mr. Byquist who are in attendance at
tonight's meeting. He summarized the staff report with visual graphics which are
contained in the case file.
Mr. Stack confirmed Iron Avenue as an Impact street project.
Commissioner Baffa requested additional definitions for abutting, adjoining and adjacent
and any other words used to clarify what a developer may be expected to do.
Mr. Andrew replied abutting has a legal definition and frontage has a legal definition.
Abutting means it has to touch on. By definition, the Ryan Addition touches on Ohio
(Summary published in The Salina Joumal on May,, 2016.)
(Published on the City of Salina's website for a minimum of one week from May _ to _, 2016.)
ORDINANCE NUMBER 16-10831
AN ORDINANCE AMENDING SALINA CODE SECTION 42-59 PERTAINING TO
FARMER'S MARKETS IN CHURCH PARKING LOTS AND REPEALING THE
EXISTING SECTION.
BE ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Section 42-59 of the Salina Code is amended to read as follows:
Sec. 42-59. Temporary Uses.
(a) Intent. It is the intent of the following regulations to provide for and govern the operation of certain
temporary or seasonal uses.
(b) Permits for temporary uses. Applications for a temporary use permit shall be made to the zoning
administrator at least three (3) days before the starting date of the temporary use and shall contain
the following:
(1) The commonly known address of the property to be used, rented or leased for the temporary use,
including all information necessary to accurately describe the subject property;
(2) A complete description of the proposed use, including dates and time schedules for operation of the
use;
(3) person(s) responsible for the use if different than the applicant or property owner;
(4) A statement describing provisions which will be mate for sanitation facilities, utility services, parking,
traffic control, security, fire safety, medical emergency and first aid, noise control and cleanup and
restoration.
(c) General requirements. Temporary use permits shall be issued by the zoning administrator, unless
otherwise specified by these regulations. Said permit shall be issued only if all the following criteria
are met in the opinion of the zoning administrator:
(1) Adequate off-street parking with an approved surface shall be provided for customer vehicles outside
the roadway improvement area,.
;'i Signs may not be larger than ten (10) square feet and must comply with the sign regulation
provisions of these regulations.
(3) Structures or product displays shall not be placed inside the visual sight triangle at intersections.
(4) Adequate sight distances shall be available for vehicles entering and leaving the temporary use site.
t } Noise, odor or light emissions from the site shall not present an interference with the enjoyment or
use of the property or a hazard to adjoining properties or public ways. Artificial lighting shall not
illuminate any nearby dwellings and sound from public address systems shall not exceed sixty (60)
dBA at the property line of residences.
(6) Adequate provision for sanitary waste and trash disposal shall be provided by the applicant. Trash,
rubbish and waste products shall be removed from the premises daily.
(7) Utility services provided shall comply with applicable building, electrical, plumbing, fire, safety,
sanitation, public health and other codes, laws or regulations applicable to the use and shall be
installed only under permits obtained as required by such codes.
(8) The site shall be cleaned up and restored to its previous condition upon expiration of the temporary use
permit.
(d) Specific uses and regulations. The following are considered temporary uses and are subject to the
following specific regulations and time limits in addition to the regulations of any zone in which they
are located:
(1) Christmas tree sales. A temporary use permit may be issued for the display and open -lot sale of
Christmas trees in the C-3 through C-6 districts or in any industrial district for a period not to
exceed forty-five (45) days. Display of Christmas trees need not comply with the yard and setback
requirements of these regulations; provided, that no structures or trees shall be placed within the
sight triangle. The site shall be cleaned and returned to its previous condition within two (2) weeks
after Christmas.
(2) Consumer Fireworks Facility. A temporary use permit may be issued for a consumer fireworks
facility for the display and sale of approved consumer fireworks to the public for personal use on a
C-3, C-5, C-6, C-7 zoned property for the period beginning on June 27 and ending on July 4 in any
calendar year provided that the following additional provisions are met:
a. Consumer fireworks facilities may operate from tents or canopies only, with a maximum size
of fifty-eight hundred (5,800) square feet. Consumer fireworks may not be sold from trailers or
any form of temporary building or structure. Tents or canopies must be inspected by the Fire
Department prior to being stocked with merchandise and must comply with NFPA, Chapter 7.
b. Only one (1) consumer fireworks facility shall be permitted on a zoning lot.
c. The location of any tent or canopy used as a consumer fireworks facility must comply with the
following setbacks:
1. The tent or canopy shall be located at least twenty-five (25) feet from the right-of-way of
any public street.
2. The tent or canopy must be located at least tree hundred (300) feet from any residentially
zoned property.
3. The tent or canopy must be located at least fifty (50) feet from any other structure on the
zoning lot or adjoining zoning list.
4. The tent or canopy must be located at least twenty (20) feet from any adjoining
nonresidential property line.
5. The tent or canopy must maintain a ten (10) foot separation from any parked vehicles on
the zoning lot or adjoining zoning lot.
6. The tent or canopy must maintain a three -hundred (300) foot separation from any fueling
facility.
7. A single secure storage unit for consumer fireworks inventory meeting NFPA standards
and not exceeding one hundred twenty (120) square feet in size may be located on the site
of the consumer fireworks facility but must maintain a twenty (20) foot setback from the
tent or canopy and any other structure on the zoning lot or adjoining zoning lot.
d. The location of the consumer fireworks facility shall have access from a public street from an
approved driveway curb cut. The location and entrance of the tent on the site shall not create
any hazard relating to the movement or circulation of traffic or pedestrians either on the zoning
lot it is located on or adjacent public streets.
e. Consumer fireworks facilities are only permitted on zoning lots that have surplus parking based
on the City's off-street parking requirements. The location of the consumer fireworks facility
may not occupy or displace areas utilized as required off-street parking or loading areas for
another use on the zoning lot. Off-street parking shall be provided at a ratio of 1 space per 200
square feet of space occupied by the temporary tent, but in no instance shall there be less than 5
off-street paved parking spaces, including at least 1 van accessible handicap parking stall, at or
near the location of the operation.
2
f. Advertising banners may be attached to the exterior of the sales tent. In addition, one (1)
ground sign not exceeding thirty-two (32) square feet shall be permitted on the same zoning lot
as the consumer fireworks facility. The sign may be illuminated but shall not be a flashing
sign. No balloons or other inflatable attention getting devices or rotating searchlights shall be
permitted on site. All off -premise advertising signs must comply with the requirements of the
sign regulations in Chapter 42 and may not be placed in the public right-of-way. No person
shall be allowed within any street right-of-way directing or flagging vehicles into the sales
location.
g. Firework sales at consumer fireworks facilities shall be restricted to the hours of 8:00 a.m. to 10:00
p.m.
h. A person 18 -years of age or older shall be present to supervise the operation of the stand at all
times.
L Each consumer fireworks facility shall have a portable restroom unless there are public
restrooms on the site and the facility operator has obtained formal permission to use them.
j. The location of the consumer fireworks facility shall be maintained in a clean, clutter free
environment and free of blowing trash. The applicant shall provide at the time of application
their method for the proper disposal of waste.
k. Upon closure of the consumer fireworks facility, all inventory must be removed from the site
(tent and storage unit) by July 7. The teat and all trash and trash receptacles, portable
restrooms, fences, barriers, tie -down materials and all other items associated with the
temporary sale shall be removed from the site by July 17.
i. The Police Department, Fire Department and ./ or Planning Department shall periodically
inspect such consumer fireworks operations for compliance with the above listed standards.
Upon a report and recommendation from a police officer fire marshal or the zoning
administrator, the. city manager may revoke or suspend a consumer fireworks temporary use
permit and shall have the authority to close any facility operating in violation of these
provisions.
m. Applications for consumer fireworks facility shall be filed with the city clerk and shall include
the folloR ing:
1. A site plan of the proposed facility site drawn to an accurate scale and showing all
pertinent information, including:
• The proposed location and size of the tent or canopy that would be erected for the
display and sale of fireworks and the location and size of any storage unit to be placed
on the site.
• The proposed location of any portable restrooms and/or waste containers.
• The distance from the tent to the nearest public street right-of-way.
• The distance from the tent to all abutting property lines.
• The distance from the tent to all other structures on the site and adjoining property.
• The distance from the tent to any nearby fueling facilities.
• The number and location of fire extinguishers, water barrel and 1 or hoses as required by
KAR 22-6-4 and amendments thereto.
+ The number and location of off-street parking spaces at the facility, including handicap
accessible spaces.
• The location of the electrical power source serving the facility. If power will be
furnished by a generator, the proposed location of the generator.
The application material shall provide sufficient information, as determined by the zoning
administrator, to allow a complete review of the proposal. The application material shall
also include sufficient detail to indicate compliance with all performance standards.
Failure to provide adequate information may result in the rejection of the application;
2. The name and phone number of the individual responsible for overseeing the operation of
the consumer fireworks facility and a copy of the lease or other written agreement between
the facility operator and the owner of the property if applicable;
3. A copy of the written permission obtained from the business or property owner to allow
the facility's employees and customers to utilize the public restrooms on site, if applicable;
4. A copy of a sales tax certificate obtained from the Sate of Kansas.;
5. A copy of the certificate of flame retardant treatment for the tent;
6. Proof of general liability insurance coverage for the facility.
(3) Contractor's office, A temporary use permit may be issued for a contractor's temporary office and
equipment sheds incidental to a construction project. The office or shed shall not contain sleeping
or cooking accommodations. The permit shall be valid for no more than one (1) year, but may be
renewed while construction work is in progress. The office or shed shall be removed upon
completion of the construction project.
(4) Temporary living quarters for emergency service provides. A temporary use permit may be issued
for temporary living quarters in a temporary mature for emergency service providers and
responders, including but not limited to Fire Department personnel, ambulance service personnel
and law enforcement agencies who provide services to the general public, if it is incidental to a
construction project. The permit shall be valid for no more than one (1) year but may be renewed
while construction work is in progress. The temporary structure shall be removed from the site
within 30 days after the issuance of a Certifeate of Occupancy for the construction project.
(5) Real estate project sales office. A temporary use permit may be issued for a temporary real estate
sales office in any nen subdivision which has been approved by the planning commission. The
permit shall be valid for no more than one (1) year, but is renewable. The office shall be closed
upon sale or lease of all dwelling units in the development. The office shall contain no sleeping or
cooking accommodations unless located in a model home.
(6) Festivals. A temporary use permit may be issued for tents or other temporary structures and related
facilities to house and serve public celebrations, special observances, religious meetings, cultural
events or entertainment programs sponsored by a local civic, religious, governmental or recognized
duly chartered fraternal organization for a period of no more than fourteen (14) days, unless
otherwise approved by the zoning administrator.
(?) Carnivals, circuses aW tent shows. A temporary use permit may be issued for a carnival, circus or
tent show, as defined in section 6-16 of this Code, for a period that does not exceed fourteen (14)
days. However, the permit may be renewed or extended upon application to the zoning
administrator.
(8) Open air markets, A special use permit may be issued by the Planning Commission for the
operation of open air markets, including outdoor flea markets, farmer's markets or roadside
produce stands after the Commission has held a public hearing in accordance with the procedures
established in Section 42-24 of the Salina Code, subject to the following provisions:
a. An outdoor flea market may operate in a C-3 or higher district and is defined as any place
where the owner or operator thereof allows more than one (1) person to sell merchandise from
outdoor stalls, booths, stands, etc., which are not open for business on a daily basis. The
permit shall be valid for a calendar year and may be renewed administratively on an annual
basis by the Zoning Administrator following initial approval by the Planning Commission.
4
b. A farmer's market may locate and operate in C-3 or higher district, or in the parking Iot of a
church located in any zoning district, and is defined as any place, with or without permanent
buildings or structures, where fruit, vegetables, produce, handmade crafts, etc., are sold from
more than one (1) produce stand operated by different persons. The permit shall be valid for a
calendar year and may be renewed administratively on an annual basis by the Zoning
Administrator following initial approval by the Planning Commission.
c. A roadside stand may be located in an A-1 or C-3 or higher district and is defined as a
temporary structure used by one (1) operator for the sale of farm produce. The permit shall be
valid for no more than six (6) continuous months in a calendar year. No produce sales shall be
made within thirty (30) feet of the roadway improvement. Area for a roadside stand operating
more than one (1) month per year, an off-street parking area shall be provided.
d, Application Requirements.
1. Pre -Application Conference. Prior to the acceptance of a special use permit application,
applicants shall participate in a pre -application conference with the Planning Department
for the purposes of discussing application requirements, specifics of the site and plans for
parking, traffic control, pedestrian safety, the need for utilities and/restroom facilities,
trash disposal and site clean up.
2. Applications for a special use permit for an open air market shall be filed with the
Planning Department and shall include the following:
L A plot plan of the site drawn to an accurate scale and showing all pertinent
information, including proposed parking areas. The application material shall
provide sufficient information, as determined by the zoning administrator, to allow a
complete review of the proposal. The application material shall also include
sufficient detail to indicate compliance with all performance standards. Failure to
provide adequate information may result in the rejection of the application.
ii. The name and phone number of the individual responsible for overseeing the
operation of the open air market and a copy of the lease between the operator and
the mh mer of the property if applicable.
iii, A statement indicating the number of vendors that will be setting up booths, stands
or tables at the market.
iv. A statement describing any temporary structures that will be erected on the site.
v. A statement describing the provisions made for off-street parking and pedestrian
access to the site.
vi. A statement indicating proposed measures designed to minimize potentially adverse
effects, including trespassing, on adjacent properties.
e. Conditions.
In granting a special use permit, the Planning Commission may impose appropriate
conditions and safeguards including but not limited to commencement and termination
dates, dates and hours of operation, improved traffic circulation, pedestrian safety
requirements, parking requirements, or any other requirements which the Commission
deems appropriate upon a finding that they are necessary to fulfill the purpose and intent
of this chapter.
f. Denial of special use permit.
Any decision to deny a special use permit under this section shall be made in writing and
shall state the specific reasons for the denial. Any denial made by the Planning
Commission may be appealed to the Board of City Commissioners. Any denial by the
Board of City Commissioners shall be deemed a final administrative decision, subject to
judicial review and appeal. In the event that a special use permit application is denied by
the Planning Commission or Board of City Commissioners for a particular location, no
new request for the same or substantially similar special use permit shall be accepted or
processed for that location during the same calendar year.
g. Protests.
The notification and protest area for special use permit applications shall be two hundred
fifty (250) feet from the proposed open air market. If a special use permit is approved by
the Planning Commission, affected property owners shall have the same right to present a
protest petition to the Board of City Commissioners and appeal that decision as property
owners in rezoning cases. The protest procedure shall be as provided in K.S.A. 12-708
and section 42-26(b) of this chapter.
h. If an operator of an open air market fails to comply with the conditions upon which a
permit was approved by the Manning Commission, or the Board of City Commissioners,
the City Manager may revoke the special use permit and direct,the open air market to
cease operation. Revocation of a special use permit may be appealed to the Board of City
Commissioners.
(9) Moveable structures.
a. A temporary use permit may be issued for the sale of merchandise, food, or services from a
motor vehicle, recreational vehicle, trailer, mobile home or tent on a lot or portions thereof that
are vacant or used for parking, provided the following conditions are met:
i. Such sales are conducted by the owner or lessee of the property on which it is
conducted.
ii. Such sales are temporary and limited to one (1) event comprising a maximum of two (2)
consecutive weeks in any six-month period;
iii. Applicants for sales from moveable structures shall submit a site plan, including, without
limitation, the location, setback from property line, screening, sign and fence locations,
if applicable and electric meter locations or power source;
iv. Applicants for sales shall obtain the appropriate sales tax license and, if applicable, a
food service license;
Such sales may not be located within any area utilized as the required parking or loading
area for another use or on public right-of-way;
vi. Upon termination of the sale, the lot or parcel shall be returned substantially to its
original condition. All litter, fences, borders, tie -down materials, and other items
associated with the temporary sale shall be removed from the site;
vii. Mobile food vendors who operate for fourteen (14) days or less on a vacant lot, parking
lot or at a special event shall be considered temporary food establishments. A permit
shall not be required for mobile food vendors accessory to a permitted use or approved
conditional use which operate for eight (8) hours or less at a given location.
b. Any person or persons who operates or sells food from a stationary cart or trailer mounted on a
chasis, but without an engine, at a location for a period of 15 days or greater shall be
considered a mobile food vendor. Mobile food vendors are permitted as an accessory use to a
permitted or approved conditional use in the H -M, C-3, C-4, C-5, C-6, and C-7 districts and all
industrial districts provided the following conditions are met;
i. Mobile food vendors shall be located on private property where an existing, permanent
business operates in a building with a certificate of occupancy:
ii. Mobile food vendors shall provide the City with a copy of written permission from the
property owner on an annual basis to allow the operation of a mobile vendor and to
allow the mobile vendor and their customers access to a commercially plumbed public
C0
restroom on site;
iii. A mobile food vendor shall submit a site plan depicting the location of the mobile food
vendor on the property, and shall secure a food service establishment license from the
Salina — Saline County Health Department prior to the operation of such use in any
location;
iv. Temporary connections to potable water are prohibited. Water shall be from an
internal tank, and electricity shall be from a generator or an electrical outlet via a
portable cord that is in conformance with the Electrical Code as adopted by the City of
Salina;
v. Mobile food vendors shall be located within 50 feet of an entrance of a primary
building that holds the Certificate of Occupancy;
vi. Mobile food vendors may operate only during EEie business hours of the primary
business on the property;
vii. The operator shall possess a sales tax certificate number from the state of Kansas.;
viii. Mobile food vendors shall not operate in parking spaces, driveways, fire lanes or
public roads;
ix. A drive through is not permitted in conjunction with the mobile food vendor;
x. Sales of food from a stationary vehicle shall exclude motorized catering trucks; and
xi. Mobile food vendors may not operate from a temporary building.
(10) Promotional activities. No permit is required for promotional activities of retail merchants
involving the display only of goods and merchandise, which are for sale within the principal
structure conducted ,outside of such structure for a period of no more than two (2) consecutive
weeks in any three-month period; provided, that:
a. No portion of the display shall be on publicly owned property unless the applicant shall first
have obtained approval for such use from the city;
b. No required off-street parking or loading area will be utilized for such display, storage or
dispensing;
c. No food or drink shall ht displayed outside the building except in accordance with standards
and prior written approval of the health department; and
d. These provisions shall in no way be deemed to authorize the outdoor display of automobiles,
trailers and equipment rental or the sale of used furniture, appliances, plumbing, housewares,
building materials or similar displays or sales in any business district except as otherwise
permitted by this chapter.
(11) Garage sales. No permit is required for a garage sale, as defined, in any residential district which is
limited to one (1) event comprising a maximum of three (3) consecutive days in any six-month
period. Where such sale is conducted on premises exterior to any structure, all sale items shall be
removed from such exterior premises within one (1) day following the day the sale is concluded.
(c) Appeals. Any applicant who is denied a temporary use permit may appeal the zoning administrator's
decision to the board of zoning appeals in accordance with section 42-597 of these regulations.
Section 2. The existing section 42-59 of the Salina Code is hereby repealed.
Section 3. Summary of ordinance for publication. This ordinance shall be in full force
and effect from and after its adoption and publication by summary once in the official city
newspaper.
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Ordinance No. 16-10831 Summary
On May 2, 2016, the City of Salina, Kansas, passed Ordinance No. 16-10831. The ordinance
allows farmer's markets to locate and operate in church parking lots throughout the city if a special
use permit for the location is approved by the Salina Planning Commission. A complete copy of the
ordinance is available at www.salina-ks.g_ov or in the office of the city clerk, 300 W. Ash, free of
charge. This summary is certified by the city attorney.
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney
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Induced: April 25, 2016
Passed: May 2, 2016
Kaye J. Crawford, Mayor